no overtime?

gab · June 2003

I had an employee who asked me about implementing a program where an employee could switch days so a person could possibly arrange a 3-day weekend without using a vac day and have someone cover for them and work their shift. And that person would agree to do it knowing that they would only get straight time for it even if they worked over 40 hours. I told her that it was not possible because anything over 40 hrs is overtime. She preceeded to tell me her past employer did this without overtime and she worked for a huge company which employs people throughout the U.S.

My question is can this be done and was it only possible because it was a union environment?

Margaret Morford · June 2003

Nothing is illegal until it's reported. Companies break the law all the time. I think this is a violation if the employees involved are non-exempt. Let's hear see if some of the Wage and Hour attorneys will comment

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Lola815 · June 2003

When I do new employee orientations I always mention that you get paid time and 1/2 for hours worked over 40 and I have had quite a few people tell me that that was not the case where they previously worked. Very interesting....

gab · June 2003

I have found some information that shift trades are exempt from overtime. It seems that most of what I have found is for public employers so I just don't know if it is only public employers and not private employers. I am still looking.

no overtime?

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